The first instinct of most federal employees and contractors faced with a security clearance revocation is to fight. Given everything that’s on the line – career, reputation, paycheck, benefits, and retirement – that’s generally a good instinct.
When an Alternative Option Should Be Explored
But there are times when an alternative option should at least be explored. One such scenario is where the basis for security clearance revocation is mental health concerns. These often, but not always, arise under Guideline “I” (Psychological Conditions) of the National Adjudicative Guidelines for Security Clearances.
Mental Health Concerns and Security Clearance Revocation
As security clearance revocations go, cases brought under Guideline “I” are relatively rare. However, mental health concerns can sometimes be implicated in cases brought under other Guidelines once the conduct is placed into perspective via medical evaluation. In either scenario, the government is spelling out, in writing, its concerns about the individual’s ability to safeguard classified information. Assuming this is a pre-requisite for continued employment – i.e., that the employer is unable to move the employee into an open position not requiring a security clearance that is within the employee’s qualifications and abilities – an adverse security determination based on mental health considerations can often eliminate the largest barrier to obtaining a disability retirement (federal employees) or Social Security Disability benefits (contractors): proving a qualifying disability.
Weighing the Options: Fighting or Pursuing Disability
The applicant must then decide whether s/he wishes to fight the security clearance revocation – which almost assuredly requires a favorable mental health evaluation from a defense expert to have a shot at success – or attempt to enlist the employer’s help in filing for disability. The two options are usually irreconcilable. You can’t credibly argue you’re not disabled, and obtain a medical evaluation supporting that, only to reverse course if the government upholds the initial security clearance revocation decision. The support of an employing agency is also valuable for federal employees seeking an expeditious decision on the disability claim.
Making the Decision: Legal Counsel and Personal Considerations
Deciding which option to pursue thus requires some thoughtful consideration. If the government’s case looks weak and/or you have more to lose by not fighting it, fight it you should. If, on the other hand, the government’s case looks strong and/or you don’t feel you can continue working, pursuing a disability claim may be the better option.
While no one has a crystal ball, these are weighty decisions with potentially life-altering consequences. They should not be made without the assistance of experienced legal counsel, who can sometimes negotiate with the employer to ensure resolution of other issues like use of sick leave and a settlement that strikes from the record any mention of employee misconduct. The latter is particularly important because disability claims can sometimes be denied on the basis that the employee was removed for misconduct.
The Importance of Informed Decision Making
Whether to fight a security clearance revocation or pursue an alternative resolution like filing for disability is a fact-specific and highly personal decision. But having a complete understanding of options and the pros and cons of each is an important pre-requisite to informed decision making.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws and government policies are subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
